True Colors of a Vile Wife

Tag: PWDV Act Sec 20 – Maintenance Granted

In this judgment from Hon’ble Delhi High Court, it was held that “If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the

Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C.”

Why PWDV Act?

Also held “It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track.”

The Petitioner has also sought for compensation Rs.10,00,000/- from the 1st Respondent. But she did not specify as to on what counts she had sought such compensation. In these circumstances, the mere averment in the Petition is not sufficient to grant compensation to the Petitioner, since the tie between the Petitioner/ Aggrieved Person is sacred the marital tie and it cannot be equated with any business relation wherein the damages or compensation will be paid for breach.

In this order from Chittor Magistrate court, all 6 respondents were set ex-parte. Just by the deposition/evidence of the knife, the magistrate believed that P.W.1 was subjected to domestic violence by demanding additional dowry.

I am going to start the first of the DV cases from West Godavari district with this case which resulted in a key judgment from Hon’ble Supreme Court wherein it was held that courts can allow amendments to the complaint so as to avoid multiplicity of cases and remove infirmities. Read it here. Later on, on 12 August, 2016, the trial court allowed some reliefs in this DV Case.

See the Bullshit reasoning given by magistrate

Admittedly, the parents of P.W.1 have no indigent status and they are financially stable. In such a case, it is likely that the parents of P.W.1 have paid the dowry amount to R.W.1 at the time of marriage. Dowry system is rampant in the Indian society even umpteen number of legislations. Therefore, the probability and plausibility factor coupled with the verbal testimony of P.W.1 impels the court to place implicit reliance upon the testimony of P.W.1 regardless of documentary evidence.

Some more BS sprinkled herein Para 9,

The substantial revelation from para 4 of the counter of R.W.1 is that “the complainant is a kondakapu which is schedule tribe by caste and with a lenient view the respondent married the complainant without taking dowry amount”. This material drives home the message that R.W.1 married P.W.1 on his own volition without any compulsion. On the other hand, it is not the case of the R.W.1 that P.W.1 disguised her caste. In such a case as to why R.W.1 averred in the counter that P.W.1 is a scheduled tribe by caste. In this context, the argument advanced by the learned counsel for the respondent has workable force and this averment is made in the counter with intent to inflict psychological trauma, sorrow, agony and pain to P.W.1.

Just because RCR under Section 9 of HMA is not filed, judge thinks offer of husband to continue marital ties if knife comes back, is highly pretentious and fake.

It is specifically pleaded in para 20 of the counter that R.W.1 would accord warm welcome to P.W.1, if she comes and joins him. In this context, the counsel for the respondent questioned P.W.1 whether she is willing to join R.W.1, on which she emphatically denied. If in truth R.W.1 has any transparent honesty and righteousness to continue the marital tie without snapping, he would have invoked the coercive provision as envisaged under section 9 of Hindu Marriages Act i.e., for restitution of conjugal rights, however R.W.1 is very much indifferent and inactive and did not offer any solemn explanation as to why he failed to resort to the provisions of section 9 of Hindu Marriages Act. This material makes me to understand that the offer of R.W.1 to continue the marital bond with P.W.1 is highly pretentious and fake.

In contrary, read this BS, when it was questioned, why knife didn’t file IPC 498A criminal case from Para 17 and 18,

The third limb of the argument canvassed by the learned counsel for the respondent is that, if in truth P.W.1 suffered low marital happiness on account of cruelty alleged to have been perpetrated by the respondent, surely she would have set the criminal machinery in motion under section 498-A IPC and this circumstance clearly points out that P.W.1 is guilty of matrimonial misconduct. In this contextual facts, regard must be had to the material forth came from the cross examination of R.W.1. During cross examination R.W.1 affirms that “He deposed in O.P. No.22/2010 on the file of Principal Senior Civil Judge’s Court that P.W.1 is tradition ridden woman and always prays the almighty and she is a big devotee“.

In general the woman who are orthodox and have a firm belief over traditions and old customs may not turn impulsive and aggressive and may not resort to criminals proceedings against their husbands believing that their family reputation will be marred irretrievably and irreplaceably. This material gives some formidable feedback to the court that P.W.1 is highly traditional lady and has traditional approach towards life and due to which reason she might not have lodged complaint against the respondent under section 498-A IPC.

One rule for husband and another philosophy for knife.

Another gem of dogshit here from Para 19. Enjoy…

P.W.1 candidly admits in the cross examination that “ I filed application under section 13 of Hindu marriages Act for seeking the dissolution of marriage on the file of Principle Senior Civil Judge, Eluru and the same was ended in dismissal”. In the normal scheme of things, no married woman who have grown up and marriageable children would not venture to walkout from the marriage and gets her marital life ruined, unless the home atmosphere in the matrimony is uncongenial. This material makes me cognizant that R.W.1 resorted to domestic violence in the shared household.

No application of mind, why this S13 application if dismissed!!!

From Para 20, this is the observation: From this material, it appeals to me that P.W.1 is very sensitive and gullible lady.